When a
young person is accused of a crime or is
being investigated, it is a painful,
stressful time for everyone in the family,
the juvenile, the parents, the siblings, and
the grandparents. There is the fear that the
police, prosecutors, and judges will not
treat the young person as the child that he
or she is, a child that has simply used
youthful poor judgment and made a mistake.

Their
future can be in jeopardy. This is every bit
as serious as an adult criminal prosecution.
It must not be handled less seriously, only
differently. The juvenile system of justice
operates differently than the adult criminal
justice system. Often times, children
accused of crimes in juvenile courts are
treated unfairly and their rights overlooked
simply because of their young age. The
successful defense of a juvenile case
requires a thorough understanding of
juvenile procedure and the ability to use
those procedures to enforce the rights of
children.

Juveniles may
be referred to the juvenile court for law
violations or unlawful behavior. The
following are some types of behavior that
can subject a juvenile to court action:

Skipping
school

Making
anonymous phone calls

Gambling
for money

Staying
out past curfew

Running
away from home

Purchasing or drinking alcoholic
beverages

Buying,
using or selling illicit drugs

Setting
fire to buildings or other property

Driving a
car without a license or permit

Driving
too fast or recklessly

Using the
threat of force to obtain something from
another individual

Drag
racing

Taking or
riding in a person's car without
permission

Taking
any item from a store without paying for
it

Carrying
a dangerous weapon

Participating in a gang fight

Participating in a fist fight

Using or
accepting something that another has
taken without permission

Deliberately damaging or destroying
another's property

Trespassing

Setting
off a false fire alarm

Deliberately disobeying parents

Having
sexual relations with a person of the
opposite sex

Having
homosexual relations

Breaking
into or forcibly entering a residence or
place of business

We are
respected for our ability to handle
juvenile cases and Judges in the juvenile
court system respectfully and seriously
treat any matter in which a child proclaims
their innocence. Our experience and
knowledge in this area of the criminal law
allows an accused child to be treated fairly
and properly and to limit the impact of a
potentially life changing situation.

When a
juvenile is accused of a crime, the criminal
process is very different. The juvenile
crime is called an act of "delinquency"
and requires juvenile court intervention to
correct the delinquency. Juvenile courts
have their own special rules and procedures.
Juvenile rights are different from adult
rights. For example, juveniles do not have a
right to a jury trial. Nor in many cases do
they have a right to a public court
proceeding. Notwithstanding, juveniles are
entitled to have a full notice of all
charges against them, the right to a fair
hearing, and the right to confront hostile
witnesses.

Since a
judge, not a jury, will determine the fate
of a juvenile defendant, it is common for
the court to favor "rehabilitation"
over "punishment". The jurisdictions
vary widely on the quality and types of
rehabilitation offered. The choice of
options range from incarceration to
participation in community service
activities. If incarceration is chosen, the
juvenile, in most cases, must be released no
later than his or her eighteenth birthday.
The youthful offender sentencing program is
not part of the juvenile court system. When
a juvenile is convicted of a felony crime in
which he or she is being treated as an
adult, the court has the authority and
discretion to sentence that child as a
youthful offender.

A youthful
offender is usually placed in the custody of
the Department of Corrections. The maximum
amount of time the child can remain in
custody is four years. In addition to that
time, the court has the authority to order
the child to serve an additional two years
of supervision following release from
custody. The maximum period of time under
the youthful offender program that a child
can be imprisoned or supervised (or both)
is usually a total of six years.

The court has
the discretion to divide these six years
into any pattern it believes is both
appropriate and in the best interest of the
child and society. A child treated as a
youthful offender is handled differently by
the prison system. In many cases, it is a
helpful way to avoid mandatory prison
sentences. Youthful offender sentencing,
when appropriate, can be a tool that helps
not only the individual charged with the
crime, but also society in general, by
giving young people a second chance and an
opportunity to prove that they are not going
to continue a life of crime.

Normally,
parents aren't financially liable for the
negligent or clumsy acts of their children.
Courts seem to recognize that parents cannot
prevent most accidents and mishaps of
childhood. However, parents may be liable if
the injured person can show that the
parent's failure to supervise the child
directly caused the injury.
In addition, state statutes make parents
liable for:

Willful
misconduct - including defacement of
property with paint or a similar
substance, liability is limited to
medical, dental and hospital expenses.

Any
injury inflicted with a gun that a
parent let the child have or left where
he or she could get it.

Willful
misconduct that results in injury to
school employees, other pupils, or
volunteers, damage to school property or
damage to personal property belonging to
school employees. Parents are also
liable for any school property loaned to
a student but not returned. Grades,
diplomas and transcripts may be withheld
until any damage is paid for.

Stealing merchandise from merchants,
or books or materials from libraries.
Parents are liable to a merchant or a
library facility for damages, plus the
retail value of the merchandise or fair
market value of the books or materials,
plus costs.

A parent may
also be financially responsible for graffiti
created by his or her child. The city or
county where the graffiti is located may
even place a lien against the property of
the child's parent or guardian in order to
recover its cleanup costs. People who have
been harmed by the carelessness of a child
usually sue the child's parents because the
child has no money. However, children can be
sued for their own careless acts in a
personal injury lawsuit. A child will be
held liable for his or her action only if
the court determines that he or she was
capable of knowing that it was wrong at the
time. Also, the court will take the child's
age into account when determining liability;
what may be unreasonable carelessness for a
teenager may be acceptable behavior for a
preschooler.

A criminal
conviction at a young age can change the
course of a personís life. It can
seriously damage career prospects or even
lock them out of entire professions.
Because the consequences can be grave,
juveniles facing serious criminal charges
need the best and most effective
representation possible. Juvenile crime
cases can also result in disciplinary or
expulsion actions against juveniles by high
schools and colleges. We can represent
juveniles in these situations to minimize
the effect on the child and the child's
future.

You may
believe that because your child is young, he
or she cannot be punished with "adult"
sentences such as jail or prison. This is no
longer true. If your child is accused of
certain crimes, he or she can be charged,
convicted and sentenced as an adult even if
he or she is very young. This is usually
true of violent offense or serious felonies,
but it may apply to other crimes as well
depending on the circumstances.

It is vital
that juvenile crimes remain in juvenile
court. Cases in juvenile court generally
remain sealed and confidential. If your
child goes to adult court, the case can be
made public and part of his or her permanent
record. Cases in juvenile court offer more
lenient and creative sentencing
alternatives. Your child can be offered
counseling and community service. If your
child goes to adult court, jail is a more
likely alternative. If your child does not
plead in juvenile court, there is the
opportunity to go to trial, present evidence
and challenge the prosecution's case. At The
Sheena Law Firm, we understand what it takes
to mount a successful challenge to a
juvenile case. Contact us today to discuss
your child's situation.